The High Court in Pretoria has rejected Minister of Home Affairs Aaron Motsoaledi leave to appeal its ruling declaring as unconstitutional his decision to terminate the Zimbawean Exemption Permit programme (ZEP).
A full bench in June upheld a challenge that the Helen Suzman Foundation and the Consortium for Refugees and Migrants in South Africa levelled against the decision.
The minister then filed an application for leave to appeal, which was argued last month.
This legal battle pertains to Motsoaledi’s decision to terminate Zimbabwean Exemption Permits (ZEPs) without proper consultation.
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The court had previously extended the ZEP permits for 12 months, pending a fair and inclusive process.
ZEP holders may still enter and leave South Africa without being treated as specified under certain immigration laws.
Motsoaledi’s appeal centered on disagreements regarding the applicability of the Promotion of Administrative Justice Act (PAJA) and the separation of powers.
The court found his grounds for appeal flawed, stating that he failed to provide necessary evidence.
In its judgment, the High Court emphasized that their previous order was temporary and distinct from a substitution order, designed as an equitable remedy under the Constitution. The minister’s appeal was ultimately dismissed with costs.
